In thelanguage of pleading, this phrase is approNpriateto be used in alleging the malicious motive of the defendant in committing theInjury which forms the cause of action.
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L. Fr. A vagabond, or vagrant. Britt. c. 29.
The renunciation, repudiation, abandonment, or surrender of some claim, right, privilege, or of the opportunity to take advantage of some select, irregular- Vity, or wrong. The passing by of an occasion to enforce a legal right, whereby the right to enforce the same is lost; a common instance of this is where a landlord waives a forfeiture of a lease by receiving rent, or distraining for M rent, which has accrued due after the breach of covenant causing the forfeiture became known to him. Wharton. This word is commonly used to denote the declining to take advantage of an irregularity in legal proceedings, or of a forfeiture incurred through breach of covenants in a lease. A gift of goods may be waived by a disagreement to accept; so a plaintiff may commonly sue in contract waiving the tort Brown. See Bennecke v. Insurance Co., 105 U. S. 355, 20 L. Ed. 990; Christensen v. Carleton, 69 Vt 91. 37 Atl. 226; Shaw v. Spencer, 100 Mass. 395, 97 Am. Dec. 107, 1 Am. Bep. 115; Star Brewery Co. v. Primas, 103 111. 652, 45 N. E. 145; Reid v. Field, 83 Va. 26, 1 S. E. 395; Caulfield v. Finnegan, 114 Ala. 39, 21 South. 484; Lyman v. Little ton, 50 N. H. 54; Smiley v. Barker, 83 Fed. 684, 28 C. C. A. 9; Boos v. Ewiug, 17 Ohio, 523, 49 Am. Dec. 478.
In English law. A local division of the country; the name is in use north of the Trent to denote a hundred. The derivation of the name is said to be from “weapon” and “take,” and Indicates that the division was originally of a military character. Cowell; Brown. Also a hundred court.
1. A writ or precept from a competent authority in pursuance of law, directing the doing of an act, and addressed to an officer or person competent to do the act, and affording him protection from damage, if he does it. People v. Wood, 71 N. Y. 376. 2. Particularly, a writ or precept issued by a magistrate, justice, or other competent authority, addressed to a sheriff, constable, or other officer, requiring him to arrest the body of a person therein named, and bring him before the magistrate or court, to an- swer, or to be examined, touching some offense which he is charged with having com- mitted. See, also, BENCII-WARRANT; SEARCH- WARRANT. 3. A warrant is an order by which the drawer authorizes one person to pay a par- ticular sum of money. Shawnee County v. Carter, 2 Kan. 130. 4. An authority issued to a collector of taxes, empowering him to collect the taxes extended on the assessment roll, and to make distress and sale of goods or land iu default of payment. 5. An order issued by the proper authorities of a municipal corporation, authorizing the payee or holder to receive a certain sum out of the municipal treasury.
Atreaty signed on May 8, 1871, between Great Britain and the United States of America,with reference to certain differences arising out of the war between tbe northern andsouthern states of the Union, the Canadian fisheries, and other matters. Wharton.
N (chiefly in New England) a private way is onelaid out by the local public authorities for the accommodation of individuals and whollyor chiefly at their expense, but not restricted to their exclusive use, being subject, likehighways, to the public easement of passage. See Metcalf v. Bingham, 3 N. H. 459;Clark v. Boston, C.0& M. It. Co., 24 N. H. 118; Denham v. Bristol County, 10S Mass. 202; Butchers’, etc.,Ass’n v. Boston, 139 Mass. 290, 30 N. E. 94.
A fence or an inclosure of twigs, set in a stream to catch fish. Pub. St. Mass,p. 1297; Treat v. Chipman, 35 Me. 38.
A statute passed in t lie eighteenth yearof Edward I. More commonly known as the “Statute of Quia Emptores,” (q. v.) SeeBarring. Ob. St 167-169.
In Scotch law. A fictitious offerer or bidder at a roup or auctionsale. Bell.
A woman whose husband is dead, and who has not married again. The”king’s widow” was one whose deceased husband had been the king’s tenant in capite;she could not marry again without the royal permission.
The name applied In England to the process of settling the accountsand liquidating the assets of a partnership or company, for the purpose of makingdistribution and dissolving the concern.
A forest; land covered with a large and thick collection of natural forest
A certain quantity of land so called in the manor of Kingsland,in Hereford. The tenants are called “worthies.” Wharton.
A writ of execution employed to enforce a judgment for thedelivery of chattels. It commands the sheriff to cause the chattels mentioned in the writto be returned to the person who has obtained the judgment; and. if the chattelscannot be found, to distrain the person against whom the judgment was given until hereturns them. Smith, Act. 175; Sweet.
A writ which is issued on the reversal of a Judgmentcommanding the sheriff to restore to the defendant below the thing levied upon, if ithas not been sold, and, if it has been sold, tlie proceeds. Bac. Abr. “Execution,” Q.
In Scotch law. Wrongful; unlawful; as wrongous imprisonment f| Ersk.Priu. 4, 4, 25.
A written order issued and signed by a magistrate, directed to a peace officer or some other person specially named, and commanding him to arrest the body of a person named in it, who is accused of an offense. Brown v. State, 109 Ala. 70, 20 South. 103.
TLD Example 1: Prosecutors had sufficient evidence of criminal activity to convince a judge to issue a warrant of arrest for the gang’s leader.
TLD Example 2: Police executed the warrant of arrest by taking the individual into custody.
Kinship by descent from the sn
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